United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 22, 2007
Charles R. Fulbruge III
Clerk
No. 06-50382
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BERNARDINO MERAZ-MEJIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:-05-CR-97-3
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Before REAVLEY, WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Bernardino Meraz-Mejia (Meraz) appeals the sentence he
received after he pleaded guilty to transporting aliens. The
court pretermits the issues whether Meraz adequately briefed a
challenge to his appeal waiver and whether the waiver was knowing
and voluntary. See United States v. Story, 439 F.3d 226, 230-31
(5th Cir. 2006).
Meraz argues that the district court imposed an unreasonable
sentence in light of United States v. Booker, 543 U.S. 220
(2005), because the sentence was greater than necessary to meet
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 06-50382
-2-
the sentencing goals of 18 U.S.C. § 3553(a)(2). The district
court’s statements at sentencing in response to Meraz’s several
arguments show that the court was aware of the advisory nature of
the Guidelines and that it adequately considered § 3553(a)’s
factors when it sentenced Meraz. See United States v. Mares,
402 F.3d 511, 518-19 (5th Cir.), cert. denied, 126 S. Ct. 43
(2005). Moreover, Meraz’s sentence, which was within the
applicable guidelines range, is presumed to be reasonable, and
does not present “rare” circumstances that would warrant a
conclusion that it is unreasonable. See United States v. Alonzo,
435 F.3d 551, 554 (5th Cir. 2006).
AFFIRMED.